Bone v. City of Lewiston

In 1982, John Bone (plaintiff) filed an application with the City of Lewiston Planning and Zoning Commission (the commission) to rezone his land from low-density residential use to a limited commercial use. The map of the City of Lewiston (the city) (defendant) land-use plan showed Bone’s land as zoned for commercial use. The commission recommended to the city council that Bone’s request be denied because a limited commercial use would not be compatible with established low-density residential uses of the properties bordering Bone’s land and because Lewiston had a surplus of unused commercial properties, and it was not necessary to classify any more properties for commercial use. The city council agreed with the commission and denied Bone’s application. Bone then filed suit in district court against the city and requested declaratory relief and a writ of mandamus forcing the city to enact a zoning ordinance in conformity with its comprehensive plan. Bone argued that he was entitled to have his property zoned in conformity with the city’s land-use map because Idaho state law stated that zoning ordinances must be “in accordance with” a comprehensive plan. The district court did not have the record of the planning and zoning commission or the city and refused to allow the city to submit evidence of whether Bone’s application was factually in accordance with its comprehensive plan. Bone moved for summary judgment. The district court found that Bone’s application was in accordance with the city’s comprehensive plan and granted Bone’s motion. The district court ordered the city to rezone Bone’s property, and the city appealed.